The transmission of a sexually transmitted disease (STD) from a person who knows or should know they have the disease to another person who is not informed of that fact before engaging in sexual contact with the infected person may result in both civil liability (for money damages) and criminal liability (for penalties).

Laws vary from state to state and some states have both civil and criminal statutes (laws enacted by the state legislature) that specifically address the transmission of sexually transmitted diseases. In other states civil lawsuits may be filed and criminal prosecutions may be made under traditional legal theories such as negligence in a civil lawsuit and battery (harmful or offensive physical contact without consent) in a criminal prosecution.

In North Carolina, the transmission of a sexually transmitted disease (STD) by an individual who knows or should have known about their infection to an uninformed partner can lead to both civil and criminal consequences. Under North Carolina General Statutes § 130A-144(f), individuals are required to follow control measures for communicable diseases, which include STDs. Failure to do so can result in misdemeanor charges under § 130A-25. Additionally, North Carolina law allows for civil actions based on negligence or battery, where an infected person may be sued for damages if they knowingly and recklessly expose a partner to an STD without disclosure. It is important for individuals to be aware of their health status and to communicate with sexual partners about any potential risks, as the law imposes a duty to prevent the spread of communicable diseases.